Frequently Asked Questions

Answers from Our Kansas City Personal Injury Lawyers

At Martin & Wallentine we are dedicated to seeing justice served for
our clients. You should not have to suffer heavy medical costs and other
injuries because of another party's negligence. This is why we are here
to represent you after an injury or accident. We provide personalized
strategies for pursuing the compensation you deserve. Learn more about
personal injury claims by reading our FAQ's.

First make sure to address your medical needs. No matter how insignificant
your injury may seem, it is very important to get a full and complete
evaluation by a medical professional. Do not try to tough it out; some
injuries do not begin to affect an individual until later. Any serious
personal injury case should have a skilled attorney to protect the injured victim's best
interests and future.

Be very careful about what you say to the police, insurance adjusters,
and the other individual involved in the accident. Carefully review the
statement you gave to the police before you sign it, some statements can
significantly hurt your case. Do not speak with the other individual's
insurance company or sign any agreements without first receiving the sound
legal advice of your attorney.

What constitutes a valid personal injury case?

The surest way to determine the validity of your case is to consult a Kansas
City personal injury attorney. At Martin & Wallentine, we offer free
consultations to all potential clients and will not charge any fees unless
you receive compensation for your injuries.

A valid case usually entails that one individual was injured as a direct
result of the reckless actions or
negligence of another individual. If you can trace the cause of your injuries or
hardships back to another individual's specific action or inaction, then
you have a valid case. Injuries sustained do not have to be strictly physical.
They can include defamation of character, severe emotional distress, and
extreme anxiety caused by fear for your safety.

How does a personal injury lawsuit work?

First your lawyer will gather all relevant documents and materials to establish
the true extent of your injuries, what caused these injuries, and how
these injuries will affect you in the future. Depending on the circumstances,
your attorney may hire experts to assist in accident reconstruction, economic
forecasts to determine future medical needs and costs, and research on
the responsible party.

Next your attorney will use this information to make a compensation demand
from the insurance companies for monetary damages. Your attorney will
then negotiate with the insurance companies to reach an injury settlement.
If negotiations fail, your attorney will file a personal injury lawsuit.
Negotiations will continue with a greater scrutiny on all relevant information
and personal testimonies.

If a settlement cannot be reached, the lawsuit will be brought before a
judge and a jury will determine the outcome of the case.

What are your damages?

This is among the first questions that any defense lawyer or judge will
want you to answer. "Damages" is a term of art in law. The law
allows for the recovery of money only for specified things. Those are
your "damages." Commonly, personal injury cases involve argument
over not only the amount, by types of damages recoverable under the law.
Naturally, that takes legal training and experience.
You need a skilled
personal injury lawyer by your side to assess your recoverable damages and effectively present
your case for compensation.

In a personal injury case, there are two main types of damages typically
sought by a plaintiff. "Economic damages" are more-or-less direct
monetary losses, both past and future, that you have incurred or expect
to incur as a result of someone else's negligence. Commonly, they involve
lost wages, loss of earning capacity, medical expenses (including rehabilitation,
if required), and any damage to property. A defendant may not raise as
a defense the fact that some of your losses are covered by your insurance.

"Non-economic" damages typically are what people mean when they
refer to "pain and suffering." Some people initially are uncomfortable
asking for money for such things, fearing it might be unseemly to do so.
They shouldn't be reluctant to do so, however. The hard fact is that the
only civil remedy the law allows to compensate you for your pain and suffering
is the award of money. And the fact that such suffering often is hidden
from sight makes it no less real. However, the legislatures of some jurisdictions,
such as Kansas and Missouri, have placed "caps" on the amount
of non-economic damages a Plaintiff may win in a judgment—despite
the fact that the jury may have awarded a much higher amount. Consult
an experienced personal injury attorney about how these might affect the
amount you may recover.

Sometimes a personal injury of one person greatly affects the lives of
that person's intimates, such as a spouse or children who naturally rely
on the injured person. Depending on the jurisdiction, such people so affected
may bring "derivative" claims against negligent defendants.
The loss of companionship, material services, love, affection and even
sexual intercourse (collectively, known as "loss of consortium")
may be recoverable in such cases. However, it is not necessarily wise
to bring such a claim in every case where it may apply. If you believe
you or your spouse might be so affected, you should consult a personal
injury lawyer to determine whether it is helpful in your particular case.

Punitive or "exemplary" damages are intended to punish a wrongdoer
(and others who would be inclined to repeat the wrongful conduct in the
future), rather than to compensate the victim of personal injury or
medical malpractice. However, they are not available in every case. Generally, they are not
available in the case of "ordinary negligence;" the law requires
something more. Nevertheless, if your case involves "willful"
or "wanton" misconduct, or the defendant has exhibited an intentional
disregard for the rights of others, then punitive damages may form an
element of your claim. To make the determination of whether the legal
threshold of punitive damages is met in your particular case, contact
an experienced personal injury attorney.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.